Detailed Answer
When a person dies without a valid will in Maine, their estate passes under the state’s intestacy laws. Intestacy means the state’s rules—rather than the decedent’s wishes—determine who inherits. Maine codifies these rules in the Maine Revised Statutes, Title 18-B, Probate Code.
1. Determining Heirs and Priority
Maine’s intestate succession follows a priority order:
- Surviving spouse
- Descendants (children, grandchildren)
- Parents
- Siblings and their descendants
- More remote relatives
- State of Maine (if no heirs)
This order is set forth in Maine Rev. Stat. tit. 18-B, § 2-102.
2. Share of Surviving Spouse
The spouse’s share depends on the existence and relationship of descendants:
- If the decedent leaves no descendants or their only descendants are also descendants of the spouse, the spouse inherits the entire estate.
- If the decedent has descendants all from the spouse, the spouse receives the first $100,000 of the estate plus one-half of the remaining balance; the descendants share the rest.
- If the decedent has descendants not from the spouse (e.g., children from another relationship), the spouse takes one-half of the estate; the other half goes to all descendants equally by right of representation.
These rules are detailed in Maine Rev. Stat. tit. 18-B, § 2-103.
3. No Surviving Spouse or Descendants
If there is no surviving spouse or descendants, the estate passes in the following order:
- Parents equally, or all to the surviving parent if only one lives.
- If no parents, to siblings (full and half) and descendants of deceased siblings.
- If none of the above, to more distant relatives such as grandparents, aunts, uncles, and their descendants.
- If no heirs can be found, the estate escheats to the State of Maine.
4. Appointment of a Personal Representative
When intestate, the probate court appoints an administrator to manage the estate. The administrator handles asset collection, debt payment, and distribution to heirs under court supervision.
Helpful Hints
- Locate all potential heirs early—missing an heir can delay probate.
- Gather documentation proving relationships (birth certificates, marriage certificates).
- Estimate the estate’s value to calculate shares correctly.
- Keep family records up to date; clear records expedite the process.
- Consult a probate attorney if disputes or complex assets arise.
Disclaimer: This article is for informational purposes only. It does not constitute legal advice. Always consult a qualified attorney in Maine for guidance regarding your specific situation.